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Justice Devan Ramachandran of the Kerala High Court on Monday directed the state government not to permit the installation of new flag poles or posts on public places and roads without obtaining permission from the competent authorities.

Justice Ramachandran issued the directive on a petition filed by the Mannam Sugar Mills Cooperative Limited, Panthalam seeking to remove various flagpoles erected by various trade unions before the gate of the sugar mill.

The Court observed that political parties in the state were "competing with each other" in putting up flag masts, irrespective of whom among them is in power, despite observations of the High Court against this practice.

"Today across Ernakulam a political parties' flags are up. They are in power. Who are they challenging? Are they challenging the High Court?", the Court asked.

The Court further observed that not merely are flag posts erected, the persons who do so seem to think that they are in ownership of that property, and soon other structures are illegally built around it.

The Court lashed on the government stating that the government was quick to demolish structures of ordinary citizens or poor people on 'poramboke' (government) land, but was not taking any action where the illegal flag masts of political parties or their affiliates were concerned.

Justice Ramachandran further enumerated he had received an anonymous letter from a truck driver who had to shell out ₹ 6,000 to a party for hitting their flagpole on the roadside and asked, "What is this lawlessness going on here?"

Terming the current phenomenon as ‘lawlessness’ and nothing that it ‘has to be stopped’, Justice Ramachandran ordered the state to perform an audit and survey of the illegal flag masts across the length and breadth of the state.

Further, the state has been given time till November 15 to file its response. In the meantime, it has been directed that no new posts or flags are to be erected before the case is heard again.

Cause Title: Manam Sugar Mills Co-operative Ltd. v. Deputy Superintendent of Police